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Nivens v. Interstate Brands Corporation(2018)
August 20, 2018#07-002739
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of compensation for Dale Nivens' work-related left wrist injury sustained on January 15, 2007 at Interstate Brands Corporation. The claimant was awarded $16,474.06 for 25% permanent partial disability of the left wrist, with compensation to begin immediately.
Penning v. Harley Davidson(2018)
April 25, 2018#13-046307
The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas Penning for a right wrist scaphoid fracture sustained in a May 13, 2013 work accident at Harley Davidson. The Commission found the employee's credible testimony and medical evidence, including radiological studies and treating physician diagnosis, supported that the accident was the prevailing factor causing the injury and necessitating all subsequent treatment including fusion and carpal tunnel release procedures.
Griffin v. Hallmark Cards(2015)
December 8, 2015#95-059138
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a right wrist injury sustained by Carolyn Griffin on March 9, 1995. The Second Injury Fund was found not liable for disability benefits, and the employer had previously settled the claim for 70% permanent partial disability.
Pressley v. Homewood Suites(2015)
June 24, 2015#09-094722
The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for a left wrist injury sustained while wringing out a wet cleaning rag, finding the employee failed to prove the injury arose out of employment under Missouri's causal connection test. The Court determined that wringing out a wet rag involves ordinary risks to which the employee would be equally exposed in normal nonemployment life and was merely a triggering factor rather than the prevailing cause of injury.
Harlan v. Kritter Tracks & Mel's Hard Luck Diner(2014)
May 2, 2014
The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a claimant who fell off a ladder and injured her left wrist on August 16, 2008. The claimant was awarded permanent partial disability benefits (50% disability) and permanent total disability benefits payable for her lifetime, with the Second Injury Fund assuming liability for a portion of ongoing benefits.
Claunch v. Sean O'Sullivan and South Beach Development, Inc.(2013)
August 20, 2013
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Claunch for a left wrist injury sustained on January 14, 2009 that resulted in permanent total disability. The Commission found the injury compensable under Missouri law with permanent disability ratings of 75% for the left wrist and 77% for the body as a whole.
Johnston v. ABC Seamless Siding & Windows, Inc.(2012)
June 27, 2012
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jason E. Johnston for a left wrist injury sustained in a fall from a ladder on June 21, 2007. The claim was denied because it was not filed within the required statute of limitations period.
Fowler v. Compass Group/Chartwells(2012)
April 25, 2012
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Debra Fowler for a right wrist injury sustained from a slip and fall on metal stairs on October 31, 2005. The claimant was awarded 35 weeks of permanent partial disability benefits totaling $7,124.95, with a minor correction made to the original award.
Rucker v. Ford Motor Company(2010)
December 7, 2010
The Commission affirmed the administrative law judge's award finding that employee Carla Rucker sustained a work-related injury to her left wrist on January 10, 2005, with 25% permanent partial disability and permanent total disability when combined with preexisting conditions. The Second Injury Fund's challenge to causation and the accident itself was rejected as unsupported by evidence.
Bond v. Site Line Surveying(2010)
January 21, 2010
The Commission reversed the Administrative Law Judge's award finding that employee Angela Bond sustained a compensable work injury to her right wrist from a fall caused by tripping over a telephone cord on May 17, 2007. The Commission determined that the employee's injury did not arise out of and in the course of her employment, and therefore reversed the award of past medical expenses, future medical treatment, and attorney's fees.
Brawley v. City of St. Louis(2010)
January 19, 2010
The Commission modified the administrative law judge's award regarding when permanent total disability benefits should begin for employee James Brawley's work-related wrist injury. The Commission determined that permanent benefits should commence on July 17, 2006 (when maximum medical improvement was reached) rather than May 17, 2006, and ordered the Second Injury Fund to pay benefits at the modified differential and permanent rates accordingly.
Hosick v. Little Tykes Commercial Play Systems, Inc.(2008)
November 4, 2008#03-088603
The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation for injury No. 03-088603, finding that the employee's wrist injury from pulling a heavy mold did not arise out of and in the course of employment. The Commission determined the award was supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act.
Hosick v. Little Tykes Commercial Play Systems, Inc.(2008)
November 4, 2008#03-024741
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a right wrist injury (case 03-024741) sustained on March 10, 2003, while the employee was emptying water from a parts washer. The Commission found the injury compensable and arose out of and in the course of employment, while denying a second claim (03-088603) filed for the same body part on July 22, 2003.
McDuffie v. Winco Manufacturing Company(2008)
July 1, 2008
The Commission affirmed the administrative law judge's award finding that the employee sustained a 75% permanent partial disability of the right wrist on February 24, 2003, and had a pre-existing 16% permanent partial disability of the lumbar spine that constituted an obstacle to employment, triggering Second Injury Fund liability. The employee's combined disabilities resulted in a synergistic effect equal to a permanent partial disability enhancement of 19.5 weeks based on a 10% load factor.
Mahoney v. AOL Time Warner(2007)
September 19, 2007
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Daniel W. Mahoney's right wrist injury sustained on February 27, 2004, while wrapping skids with a wrap gun. The Commission found the injury compensable and approved permanent total disability benefits, with the Second Injury Fund bearing liability for ongoing benefits beyond the employer's initial payment of permanent partial disability compensation.
Miller v. Crown Linen Service(2007)
August 24, 2007
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Telitha A. Miller, finding that her alleged May 12, 2004 right wrist injury did not arise out of and in the course of her employment as a napkin presser. No compensation was awarded in this case.
Donohue v. Moresource, Inc.(2006)
March 2, 2006
The Labor and Industrial Relations Commission affirmed the administrative law judge's award regarding Mary Donohue's work-related injury to her left wrist sustained on April 15, 2002 at Moresource, Inc. The injury was found to be compensable under Missouri workers' compensation law, though no ongoing compensation or future medical care was awarded.
Lewis v. Universal Printing Company(2006)
March 1, 2006
The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving Edward Lewis, who sustained a wrist injury on June 19, 2003. The Commission affirmed findings on past medical expenses, disfigurement, and permanent partial disability (20% right wrist, 15% left wrist), but reversed and modified the compensation rate, temporary total disability benefits, and Second Injury Fund liability determinations.